A California court of appeals recently determined that a proof of loss condition in a first party insurance policy is subject to the notice-prejudice rule. According to the decision, an insurer cannot avoid its coverage obligations due to a policyholder’s …
The Supreme Court of Ohio recently held that defective construction is not an “occurrence” covered under a commercial general liability policy. The decision clarifies an issue on which lower appellate courts had been split, but the court’s broad ruling was …
The states which seem most inimical toward subrogation rights always seem to be struggling with themselves, contorting legislation and case decisions in an inexplicable effort to destroy one of the most effective means society has for holding down insurance premiums …
Insurance fraud is not going away, but the industry may be getting smarter about predicting the future. Many fraud fighting initiatives, including predictive analytics and anti-fraud teams, are having an impact. “The insurance fraud problem is estimated to exceed US$40 …
Residential appliance fires annually result in an estimated 9,600 fires, 25 deaths, 525 injuries and $211 million in property losses each year, according to the U.S. Fire Administration. A Consumer Reports study analyzed home fires occurring between 2002 and 2009 …
Texting while driving is considered a serious public safety concern, but a new University of Michigan study suggests that drivers might not be aware of their actions. U-M researchers found that texting while driving is predicted by a person’s level …
Two recent circuit court decisions affirmed that national flood insurance policies are to be strictly construed and are not subject to the flexible standards applied to private insurance policies. The National Flood Insurance Program (NFIP) was created because the private …
One of the first lawsuits implicating insurance coverage for a fracking-related claim is under way in Ohio. Warren Drilling Co., Inc. v. ACE American Ins. Co., No. 2:12-cv-425 (S.D. Ohio 2012) will be the first case to determine how insurance …
A New York appellate court recently issued one of the more interesting policy interpretation decisions, highlighting the importance of clearly drafted policies and exhibiting the well-settled principle that any ambiguity in a policy should be construed liberally in favor of …
The Georgia Supreme Court recently faced the question of whether an insured could be compensated by its insurer for both the cost of repair and the diminution in value of damaged real property. The issue was one of first impression …